Last week, the 4th Circuit Court of Appeals determined that Americans have no right to own an AR-15 or a semi-automatic firearm.

In 1939, the Supreme Court ruled in Miller v US that Americans have no “right” to own a sawed-off shotgun because they aren’t useful in militia service. Only militarily-usable firearms were protected by the 2nd Amendment.

In 2008, the Supreme Court expanded on this definition in Heller v DC and ruled that Americans also have a right to own firearms for defensive purposes.

The precedent is clear. If a firearm is useful for self-defense or for militia service, it is explicitly protected by the 2nd Amendment. The 4th Circuit decided to ignore all of this precedent and eliminate the 2nd Amendment for almost 10 million people living in Maryland, Virgina, West Virginia, and North and South Carolina.

Thank goodness, the Trump White House is considering an emergency executive order. The President would use his authority, as Commander in Chief, to list semi-automatic firearms as useful for militia service.

This will hopefully stop what the 4th Circuit has done, but the only way to make it permanent is for Congress to intervene as well!

Every able-bodied American is a member of the unorganized militia. If called upon, they are expected to show up with a personal firearm suitable for militia service.

Since Americans have the right to own firearms that are useful for militia service, then the AR-15 (a semi-automatic version of the standard issue M-16) would obviously be a protected firearm.

What the 4th Circuit did is unconscionable.

Congress has the authority to regulate the militia. The President is the Commander in Chief of all militia units (including the unorganized militia).

Nowhere in law or in the Constitution does the Judiciary have the authority to determine what types of weapons are useful in a militia.

The Pentagon just recently chose the Sig Sauer P320 as the new standard issue sidearm. Congress has the power to decide whether to fund these purchases.

Judges have no role to play in any of this. Even if a leftist activist judge wanted to intervene, they are powerless to overrule an appropriations decision made by the other two branches of government.

So here is what Congress needs to do. They need to attach a very simple amendment to the next must-pass piece of legislation. The language will go something like this:

“Designation of Militia Rifles. Any semi-automatic pistol, shotgun, or rifle, regardless of accessories, attachments, features, caliber, or gauge is authorized and appropriate for individual citizens to keep and bear for Militia and self-defense purposes under the Constitution and the laws of the United States.”

This language, combined with a similar executive order, will not only smack the 4th Circuit down, but it would also dismantle every single “assault weapon” ban in the country.